POLYCOM TECHNOLOGY ( R & D) CENTER P.LTD, HYDERABAD V. ASST CIT CIR 7(3)(2), MUMBAI

ITA 6617/MUM/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 6103 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 1 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: J
• Assessment Year: 2009-2010
• Appeal Filed On: 22-11-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ASHISH K HELIWAL
• Assessee Lawyers: MIHIR CITALIA
• Section: 143(3)

Judgement Text

1 I.T.A. NO.7125/MUM/2018 IN THE INCOME TAX APPELLATE TRIBUNAL J BENCH, MUMBAI BEFORE SHRI PRAMOD KUMAR (VICE PRESIDENT) AND SHRI SAKTIJIT DEY ( JUDICIAL MEMBER) I.T.A. NO.7125/MUM/2017 (ASSESSMENT YEAR : 2010-11) POLYCOM TECHNOLONOGY (R&D) CENTER P LTD, HYDERABAD, 4 TH FLOOR, BLOCK, DLF CYBER CITY, PLOT NO.129-132 APHB COLONY, GACHIWOLI, HYDERABAD, TELENGANA- 500 081 PAN : AAEC-P3319C VS ACIT, CIRCLE-7(3)(2), MUMBAI (APPELLANT) (RESPONDENT) APPELLANT BY SHRI MIHIR CITALIA (AR) RESPONDENT BY SHRI ASHISH K HELIWAL (DR) DATE OF HEARING 11-01-2021 DATE OF PRONOUNCEMENT 19/01/2021 O R D E R PER SAKTIJIT DEY (JM), THIS IS AN APPEAL BY THE ASSESSEE AGAINST ASSESSMENT ORDER DATED 28-9-2018 PASSED U/S 143(3) R.W.S. 144C(13) AND 254 OF THE INCOME-TAX ACT, 1961 FOR THE ASSESSMENT YEAR 2009-10. 2. THE LD.COUNSEL FOR THE ASSESSEE, AT THE OUTSET, SUBMITTED THAT ASSESSEE HAS OPTED FOR SETTLING THE DISPUTE ARISING IN THIS APPEAL BY FILING APPLICATION UNDER THE DIRECT TAX VIVAD SE VISHWAS SCHEME, 2020. IN SUPPORT, COPIES OF FORMS NO.1 AND 2 WERE SUBMITTED BEFORE US. ON 2 I.T.A. NO.7125/MUM/2018 A SUGGESTION FROM THE BENCH, THE LD.COUNSEL FAIRLY ACCEPTED THAT THE APPEAL MAY BE DISMISSED AS WITHDRAWN, HOWEVER, THE ASSESSEE MAY BE DIRECTED BY GRANTING LIBERTY TO SEEK RESTORATION OF THE APPEAL IF, DUE TO SOME UNFORESEEN REASONS, THE APPLICATION FILED UNDER THE VIVAD SE VISHWAS SCHEME, 2020 IS NOT ACCEPTED BY THE DEPARTMENT. THE LD.DR DID NOT HAVE ANY OBJECTION TO THE AFORESAID SUBMISSION. 3. HAVING HEARD THE PARTIES AND CONSIDERING THE FACT THAT THE ASSESSEE HAS ALREADY APPLIED FOR SETTLING THE DISPUTE ARISING IN THE PRESENT APPEAL UNDER THE VIVAD SE VISHWAS SCHEME, 2020, WE ARE INCLINED TO DISMISS THIS APPEAL AS WITHDRAWN. HOWEVER, IN THE UNLIKELY EVENT OF ASSESSEES APPLICATION FILED UNDER THE VIVAD SE VISHWAS SCHEME, 2020 BEING NOT ACCEPTED BY THE DEPARTMENT, LIBERTY IS GRANTED TO THE ASSESSEE TO SEEK RECALL OF THIS ORDER AND RESTORATION OF THE APPEAL. 4. IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 19/01/2021. SD/- SD/- ( PRAMOD KUMAR) (SAKTIJIT DEY) VICE PRESIDENT JUDICIAL MEMBER MUMBAI, DATED : 19/01 /2021. PAVANAN, SR.P.S (ON CONTRACT)